Current through Register Vol. 49, No. 13, September 23, 2024
The commission may issue a Class D license if it determines
on the basis of all the facts before it that: racing will be operated according
to applicable laws and rules, and issuance of a license will not adversely
affect the public health, safety, and welfare. In making the required
determinations, the commission must consider the following factors and
indices:
A. the integrity of the
applicant, its directors, trustees, officers, managers, and holders of voting
interests or control, including:
(1) criminal
records;
(2) involvement in
litigation over business practices;
(3) involvement in disciplinary actions over
a business license or permit or refusal to review a license or
permit;
(4) involvement in
proceedings in which unfair labor practices, discrimination, or government
regulation of horse racing or gambling was an issue;
(5) involvement in bankruptcy
proceedings;
(6) failure to satisfy
judgments, orders, or decrees;
(7)
delinquency in filing of tax reports or remitting taxes; and
(8) any other indices related to integrity
which the commission deems crucial to decision making as long as the same
indices are considered with regard to all applicants;
B. the types and variety of pari-mutuel
racing which the applicant will offer;
C. the quality of physical improvements and
equipment the applicant will use, including:
(1) racetrack or tracks;
(2) stabling;
(3) grandstand;
(4) detention area;
(5) paddock;
(6) jockeys' and drivers' quarters and
equipment;
(7) pari-mutuel
tote;
(8) parking;
(9) access by road and public
transportation;
(10) backstretch
security fence;
(11) other security
improvements and equipment;
(12)
starting, timing, and photo finish equipment;
(13) commission work areas; and
(14) any other indices related to quality
which the commission deems crucial to decision making as long as the same
indices are considered with regard to all applicants;
D. imminence of completion of
facility;
E. financial ability to
develop, sponsor, and manage pari-mutuel horse racing successfully, including:
(1) ownership and control
structure;
(2) amounts and
reliability of development costs;
(3) certainty of site acquisition or
lease;
(4) terms and conditions of
the applicant's authorization to use facility;
(5) current financial condition;
(6) sources of equity and debt funds,
amounts, terms and conditions, and certainty of commitment;
(7) provision for cost overruns, nonreceipt
of expected equity or debt funds, failure to achieve projected revenues, or
other financial adversity;
(8)
feasibility of the financial plan; and
(9) any other indices related to financial
ability which the commission deems crucial to decision making as long as the
same indices are considered with regard to all applicants;
F. status of necessary government approvals
and compliance with applicable statutes, charters, ordinances, and
regulations;
G. management ability
of the applicant, including:
(1)
qualifications of managers, consultants, and other contractors to manage
pari-mutuel horse racing;
(2)
security plan;
(3) plans for human
and animal health and safety;
(4)
marketing, promotion, and advertising plans;
(5) plan for conducting horse
racing;
(6) plan for
purses;
(7) plan for pari-mutuel
betting;
(8) concessions
plans;
(9) plan for personnel
training;
(10) equal employment and
affirmative action compliance; and
(11) any other indices related to management
which the commission deems crucial to its decision making as long as the same
indices are considered with regard to all applicants;
H. efforts to promote orderly growth of horse
racing in Minnesota and educate the public with respect to horse racing and
pari-mutuel betting;
I. extent of
public support and opposition; and
J. effects on competition, including:
(1) number, nature, and relative location of
other Class D licenses;
(2) minimum
and optimum number of racing days sought by the applicant; and
(3) any other indices related to effects on
competition which the commission deems crucial to decision making as long as
the same indices are considered with regard to all applicants.
The commission also must consider any other information
which the applicant discloses and is relevant and helpful to a proper
determination by the commission.
Statutory Authority: MS s
240.23
